HomeMy WebLinkAbout2014-10-21 RegularMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA
CALLED TO ORDER
ATTENDANCE
PUBLIC COMMENTS — None
OCTOBER 21, 2014
CLOSED SESSION MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
5:08 P.M.
COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern (5:22 p.m.)
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
COUNCILMEMBERS Absent:
None
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:08 p.m.
CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:
CITY COUNCIL MINUTES 1 OCTOBER 21, 2014
• JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority:
Peebler vs. State of California Superior Court Case No. 34-2012-80001172; Court
of Appeal Case No. C073698
• JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority:
Cuenca vs. State
• JOINT ITEM — City of Santa Ana, Successor Agency and Housing Authority: City of
Santa Ana vs. Ana Matosantos (DOF) Case No. 34-2013-80001477
2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL INITIATION OF LITIGATION
Significant exposure to litigation pursuant to paragraph (4) of subdivision (d) of Section
54956.9 of the Government Code: - One Case (Civil/Criminal Case).
3. LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code:
• Claim No. 2014-036-Wawanesa Insurance as subrogee for Sandra Acosta
4. THREAT TO PUBLIC SERVICES OR FACILITIES — Pursuant to Government Code
section 54957.
• Consultation with: Santa Ana Police Department, Police Chief Rojas
CLOSED SESSION REPORT - See Item 19A. for any reportable actions.
ADJOURNED THE CLOSED SESSION MEETING AT 5:58 P.M. AND CONVENED TO THE
REGULAR OPEN MEETING.
CITY COUNCIL MINUTES 2 OCTOBER 21, 2014
CALLED TO ORDER
REGULAR OPEN MEETING
COUNCIL CHAMBER
22 CIVIC CENTER PLAZA
SANTA ANA, CA
6:02 P.M.
ATTENDANCE COUNCILMEMBERS Present:
MIGUEL A. PULIDO, Mayor
SAL TINAJERO, Mayor Pro Tern
ANGELICA AMEZCUA
P. DAVID BENAVIDES
MICHELE MARTINEZ
ROMAN A. REYNA
VINCENT F. SARMIENTO
PLEDGE OF ALLEGIANCE
INVOCATION
PRESENTATIONS
COUNCILMEMBERS Absent:
NONE
STAFF Present:
DAVID CAVAZOS, City Manager
SONIA R. CARVALHO, City Attorney
MARIA D. HUIZAR, Clerk of the Council
ELIZABETH LAGUNA AND FRANCISCO LAGUNA,
LOWELL ELEMENTARY SCHOOL
BOB BARNETT, POLICE CHAPLAIN
SPECIAL PRESENTATION by Orange County Vector Control on West Nile Virus Update
CLOSED SESSION REPORT — City Attorney Carvalho, reported that by majority vote, staff
was given direction at the October 7, 2014 Closed Session meeting to provide the Orange
County District Attorney's Office 5 days to seek an Injunctive Relief Order on the Pulido
Investigation Report and if not provided the City of Santa Ana would release the Report to the
public; motion approved by a 5-1 vote (Tinajero dissented and Pulido absent).
Also, on the October 21, 2014 Closed Session matters include the settlement agreements as
provided for in Agenda Item 19A.
CITY COUNCIL MINUTES 3 OCTOBER 21, 2014
COUNCIL AGENDA ITEM - (TAKEN OUT OF ORDER)
85AA. CONSIDERATION OF OPTIONS FOR ADDRESSING PROPOSED COUNTY
OF ORANGE EMERGENCY SHELTER AND MULTI -SERVICE CENTER —
(Councilmember Sarmiento)
Councilmember Sarmiento noted for the record that matter placed on the
Agenda at the previous City Council Meeting; at the request of members of the
community; the City Council has previously approved 995 acres zoned as
potential sites for homeless shelter pursuant to Senate Bill 2 (SB2); action by
the City Council allowed the Orange County Board of Supervisors to consider
said sites; once site selected outreach should have been provided; City and
Council held one over the 4t" of July weekend, had poor attendance and only
property owners notified electronically; have recently met with various members
of the Board of Supervisors; supports homeless shelter, but public engagement
and outreach necessary; impacted area and school concerned; support
moratorium that would allow for a pause.
Councilmember Amezcua noted that she is a teacher at school affected;
outreach lacking; collaboration between school district, county and city required.
The following members of the public addressed the City Council on the matter:
• Robin Cook, attended meetings held on the proposed shelter; suggested
Building 16 in the Civic Center be considered as potential site; portable
facilities already available.
• John Palacios, representing the Santa Ana Unified School District, read
letter of opposition sent to the County Board of Supervisors into the record.
• Scott Barnard, proposed a Conditional Use Permit as part of the approval
process; did not receive notice of hearings; County and City to work
together and outline impacts to the community.
• Stephen Monroe, land and property owner; concerned that shelter will
exacerbate homeless population.
• Heather Johnson, spoke on behalf of ACLU presented letter for the record;
and requested the City Council issue a public statement affirming the right
of the public to openly criticize and/or express views contrary to those of the
council; provide training to ensure that the public's free speech rights to
attend and participate in meetings are not unlawfully restricted; and, review
any proposed revisions or amendments to rules of decorum to ensure that
they pass constitutional muster.
• Alicia Rojas, spoke in support of S62 and proposed shelter home.
• Charlie Cosuas, business owner on 1st Street and Grand Ave; concerned
with misconduct by some homeless, opined that property devalued and bad
for business.
• John Moorlach, member of the County of Orange Board of Supervisors,
stated that County not able to disclose site selection until negotiations
complete; County committed to services; formed Commission to End
Homelessness.
CITY COUNCIL MINUTES 4 OCTOBER 21, 2014
• James Brook, Director of Mercy House, deferred comments to the future.
• Austin Drissen, Mercy House, deferred comments to the future.
• Ben Benumof, attorney representing Safeco Company, concerned that
CEQA has not been reviewed at proposed site and insufficient notice given
for meeting held over the 4tn of July weekend.
• Patty McDonald, owner of Safeco Company, willing to work with City.
• Irma Jauregui, collected data from May to present on gang activity and
dangerous activity in the area; physicality of proposed area an issue.
• Susana Sandoval, believe that SB2 requires open space; proposed location
is industrial area; adopt alternative site and support 45-day moratorium;
invited all to attend Community Forum on October 28th at Century High
School.
• Robyn Dague, property owner across the street from proposed site;
environmental justice requires fair treatment of all; proposed alternative site;
support moratorium.
• Jose Rea, representative of Community United for Environmental Justice;
invited all to attend upcoming forum on October 28th; delivered 1,200
signatures from residents opposed to proposed location.
• Massimo Marini, representative of Homeless Roundtable; concerned with
welfare of homeless.
• Dora Lopez, representing Madison Park neighborhood association,
concerned with proposed site; request County officials meet with
community.
• Jose Solorio, member of the Board of Trustees for Rancho Santiago
Community College District, thanked Councilmember Sarmiento for
agendizing matter and Supervisor Moorlach for attending meeting; request
process slow down to analyze all options.
• Lou Correa, State Senator, reflected on efforts at the State level to address
mental health issues; member of the Mental Health Service Oversight and
Accountability Commission; supports 45-day moratorium; important for
community to express perspective and opinions; address stigma; many are
veterans; County seat has responsibility to address the matter and move
forward with solution.
Council discussion ensued.
Councilmember Sarmiento, thanked the Santa Ana Unified School District for
letter; would like the County to improve communication and mitigate issues at
proposed site if we need to move forward with said property; draw consensus;
City notified of proposed site in mid -summer; City Council approved zones, but
not specific site; engagement and outreach lacked; motion to both of staffs
recommendations to prepared a resolution requesting inter -agency cooperation
and community involvement and a 45 -day emergency moratorium
Mayor Pulido, supports motion.
CITY COUNCIL MINUTES 5 OCTOBER 21, 2014
City Attorney Carvalho, noted that County of Orange is extension of the State;
may trump City ordinance; project obligated to comply with National
Environmental Protection Act and CEQA; 45-day moratorium would affect
entire ordinance and apply to all sites; option would be symbolic and City
Council would have to make the finding to approve moratorium.
Councilmember Martinez, believes staff failed to include Building 16 in Civic
Center Area as suitable site for homeless shelter; Supervisor Moorlach had
supported location; request that site be included to allow the City Council to
review all possible sites.
Mayor Pro Tem Tinajero, remarked that responsible shelter needed; Sunshine
Ordinance requires transparency; supports efforts by Councilmember
Sarmiento
Councilmember Amezcua, committed to addressing needs of the homeless;
community concerns important.
Councilmember Benavides, thanked community and leaders for addressing
concerns; find solution and extend hand to vulnerable; supports motion on the
table.
Councilmember Reyna, supports motion; bring stakeholders to the table and
collectively address the issues.
Mayor Pulido, community united for environmental justice; balance compassion
and sensitivity to the community; process needs to include open
communication and involve all stakeholders; Orange County District 1 includes
the cities of Garden Grove and Westminster that should also be considered as
possible location sites.
MOTION: Direct staff to prepare the following documents:
• A resolution requesting inter -agency cooperation and community
involvement - Establish a process for inter -agency cooperation
between the City and the County, and that would establish a role for the
involvement of the community in the further development of the
emergency shelter.
• An 45 -day emergency moratorium — Establish a 45-day period of time
during which the provisions of the City's previously adopted
emergency shelter and transitional housing ordinance would be set
aside in order for further study to be conducted, thereby prohibiting
the establishment of new emergency shelters. This would, however,
not apply to the County due to the preemption authority previously
described.
CITY COUNCIL MINUTES 6 OCTOBER 21, 2014
MOTION: Sarmiento SECOND: Pulido
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
PRESENTATION - (TAKEN OUT OF ORDER)
PROCLAMATION presented by COUNCILMEMBER MARTINEZ to Honorable Senator Lou
Correa for his service to the Santa Ana Community and for his years of service in the
California State Legislature.
PUBLIC COMMENT (Agendized Items)
• Tlya Tseglin, concerned with services provided relative to Agenda Items 25B and 25H,
CONSENT CALENDAR ITEMS
MOTION: Approve Consent Calendar Items 10A through 31EE as recommended
by staff, with the following modifications:
• Councilmember Martinez pulled Agenda Items 25E, 25AA, 25BB, 25FF, 25JJ,
25KK for separate action.
• City Manager Cavazos continued consideration of Agenda Item 25JJ to the
November 18, 2014 City Council Meeting.
• Councilmember Sarmiento abstained on Agenda Items 25HH, 31A and 31AA for
potential economic interest.
MOTION: Amezcua
VOTE: AYES:
NOES:
ABSTAIN
ABSENT:
CITY COUNCIL MINUTES
SECOND: Tinajero
Amezcua, Benavides, Martinez, Pulido, Reyna, Sarmiento,
Tinajero (7)
None (0)
None (0)
None (0)
7
OCTOBER 21, 2014
ADMINISTRATIVE MATTERS
MINUTES
10A. MINUTES FROM THE REGULAR MEETING OF SEPTEMBER 16, 2014
{Strategic Plan No. 5, 11 - Clerk of the Council Office
MOTION: Approve Minutes.
10AA. MINUTES FROM THE REGULAR CITY COUNCIL MEETING HELD OCTOBER
7, 2014 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office
MOTION: Approve Minutes.
BOARDS I COMMISSIONS / COMMITTEES
13AA. APPOINT DIEGO A. GOMEZ TO THE ARTS & CULTURE COMMISSION,
RECOMMENDED BY COUNCILMEMBER AMEZCUA AS THE WARD 3
REPRESENTATIVE FOR A PARTIAL TERM EXPIRING DECEMBER 6, 2016
(REPLACES C. SARMIENTO) {STRATEGIC PLAN NO. 5, 11 — Clerk of the
Council Office
MOTION: Appoint Diego A. Gomez to the Arts & Culture Commission
(Ward 6 Resident).
13BB. MINUTES FROM THE LEGISLATIVE COUNCIL COMMITTEE HELD JANUARY
16, 2014 AND APRIL 18, 2014 {STRATEGIC PLAN NO. 5, 1} — City Manager's
Office
MOTION: Receive and file.
FINAL TRACT MAP
17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER — FINAL TRACT MAP
NO. 17627, 1030 S. EUCLID STREET {Strategic Plan No. 3, 2} - Planning and
Building Agency
MOTION: Receive and file.
CITY COUNCIL MINUTES 8 OCTOBER 21, 2014
MISCELLANEOUS ADMINISTRATION
19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office
MOTION: Approve settlement agreement.
LIABILITY CLAIMS pursuant to section 54956.95 of the Government Code:
Claim No. 2014-036-Wawanesa Insurance as subrogee for Sandra Acosta in
the amount of $6,433.80 (Approved by a 5-0 vote in Closed Session with
Tinajero and Sarmiento absent during deliberation of matter.)
19B. EXCUSED ABSENCES — NONE
19C. DESTRUCTION OF OBSOLETE CITY RECORDS {Strategic Plan No. 5, 11 —
Finance and Management Agency and Police Department
MOTION: Approve the requests for the destruction of obsolete records
from City departments in accordance with the retention schedule outlined
in City Council Resolution 2013-014.
19D. STRATEGIC PLAN MONTHLY REPORT FOR AUGUST 2014 {Strategic Plan
No. 5, 11 — City Manager's Office
MOTION: Receive and file report.
19E. AUTHORIZATION TO FILE RECEIVERSHIP ACTIONS AGAINST OWNERS
OF REAL PROPERTIES LOCATED AT 1221 N. HARBOR (AP 198-101-1) AND
335 E. ADAMS (APN 016-043-19), SANTA ANA {Strategic Plan No. 3, 31 — City
Attorney's Office
MOTION: Authorize the City Attorney to engage special legal counsel,
Silver and Wright, to file receivership actions against owners of the real
properties located at 1221 N. Harbor and 335 E. Adams in the city of Santa
Ana.
19AA. DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5,
1} — Community Development Agency
MOTION: Approve the requests for the destruction of obsolete records
from City departments in accordance with the retention schedule outlined
in City Council Resolution 2013-014.
CITY COUNCIL MINUTES 9 OCTOBER 21, 2014
191313. STRATEGIC PLAN MONTHLY REPORT FOR
{STRATEGIC PLAN NO. 5, 11— City Manager's Office
MOTION: Receive and file.
BUDGETARY MATTERS
SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES
22A.
q-7
22AA.
KIM
SEPTEMBER, 2014
SPEC. NO. 11-063 - HARDWARE SUPPLIES AND LUMBER {Strategic Plan
No. 6, 2} - Finance & Management Services
MOTION; Amend the contract with Home Depot for the purchase of
hardware supplies and lumber by $38,000 for an annual amount not to
exceed $98,000, subject to non -substantive changes approved by the City
Manager and the City Attorney.
SPEC. NO. 14-058 - REPLACEMENT VEHICLES AND NEW BOBCAT SKID -
STEER LOADER {Strategic Plan No. 6, 2} - Finance & Management Services
MOTION. Award contracts to National Auto Fleet Group for the purchase
of various replacement vehicles in an amount not to exceed $446,799, and
Clark Equipment Company in an amount not to exceed $50,250, subject to
non -substantive changes approved by the City Manager and City Attorney.
SPEC. NO. 14-053 - SAFETY GLOVES {STRATEGIC PLAN NO. 1, 5) - Finance
& Management Services and Police Department
MOTION: Award a contract to BRW Safety and Supply, Inc. for a one-year
period, with provision for three one-year renewals, in the annual amount
not to exceed $50,700, subject to non -substantive changes approved by
the City Manager and City Attorney.
SPEC. NO. 14-054 - CISCO SMARTNET MAINTENANCE RENEWAL
{STRATEGIC PLAN NO. 6, 11 - Finance & Management Services
MOTION: Award a contract to Presidio for Cisco SMARTNET Maintenance
Renewal in an amount not to exceed $49,500, subject to non -substantive
changes approved by the City Manager and City Attorney.
CITY COUNCIL MINUTES 10 OCTOBER 21, 2014
22CC. SPEC. NO. 14-059 - GPS FLEET TRACKING AND ENGINE DIAGNOSTIC
UNITS AND MONITORING SERVICES {STRATEGIC PLAN NO. 6, 21 — Finance
& Management Services
MOTION: Award a contract to USA Fleet Solutions in an amount not to
exceed $53,480, subject to non -substantive changes approved by the City
Manager and City Attorney.
22DD. SPEC NO. 14-063 - REPLACEMENT VEHICLES {STRATEGIC PLAN NO. 6, 21 -
Finance & Management Services
MOTION: Award a contract to National Auto Fleet Group for the purchase
of a maintenance stake bed truck in an amount not to exceed $70,485, and
to Coastline Equipment for the purchase of a backhoe loader in an amount
not to exceed $91,154, subject to non -substantive changes approved by
the City Manager and City Attorney.
22EE. SPEC No. 14-068 - EMERGENCY REPAIRS AT WATER WELL #28
{STRATEGIC PLAN NO. 6, 1 C) - Finance & Management Services and Public
Works Agency
MOTION: Authorize payment to Process Solutions, Inc. to replace the
chlorine -generating unit at Well # 28, located at 730 E. Memory Lane, in an
amount not to exceed $72,000, subject to non -substantive changes
approved by the City Manager and City Attorney.
PROJECTS/CHANGE ORDERS
23AA. AGREEMENT AMENDMENT FOR SCULPTURE DESIGN AND
INSTALLATION — FLOWER STREET BIKE TRAIL GAP CLOSURE PROJECT
(NO. 122620) {STRATEGIC PLAN NO. 5, 5, C) - Public Works Agency and
Parks, Recreation & Community Services Agency
MOTION: Approve an addendum to the contract agreement with Green
Giant Landscape, Inc., for the Flower Street Bike Trail Gap Closure Project,
to subcontract for the design, fabrication, and installation of a sculpture
for the bike trail Trailhead Plaza at an estimated cost of $87,153.
23BB. AWARD CONTRACT FOR MAPLE BIKE TRAIL SAFETY ENHANCEMENTS AT
OCCIDENTAL STREET, SAINT ANDREW PLACE AND SAINT GERTRUDE
PLACE (PROJECT 136797) {STRATEGIC PLAN NO. 6, 1, B AND G} — Public
Works Agency
MOTION:
CITY COUNCIL MINUTES 11 OCTOBER 21, 2014
1. Award a contract to Palp, Inc., dba Excel Paving Company, the lowest
responsible bidder, in accordance with the base bid, in the amount of
$224,887, for the construction of the Maple Bike Trail Safety
Enhancements at Occidental Street, Saint Andrew Place, and Saint
Gertrude Place.
2. Approve the Cost Analysis for a total estimated project delivery cost of
$262,754.
AGREEMENTS
25A. AGMT NO. 2014-234 - CIVIC CENTER JOINT POWERS AUTHORITY —
AGREEMENT AMENDMENT AND RESTATEMENT BETWEEN THE CITY OF
SANTA ANA AND THE COUNTY OF ORANGE {Strategic Plan No. 6, 1b} —
Parks, Recreation and Community Services Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment and restatement of the Civic Center Joint Powers
Agreement between the City of Santa Ana and the County of Orange, for a
period of ten years with ten year extensions upon mutual agreement from
the effective date of the amendment and restatement, subject to non -
substantive changes approved by the City Manager and the City Attorney.
25B. LAW ENFORCEMENT PSYCHOLOGICAL SERVICES {Strategic Plan No. 1,
3A} — Police Department
MOTION:
1) AGMT NO. 2014-235 - Authorize the City Manager and Clerk of the
Council to execute an agreement with The Counseling Team
International for a three-year period, in an amount not to exceed
$66,000, subject to non -substantive changes approved by the City
Manager and City Attorney.
2) AGMT NO. 2014-236 - Authorize the City Manager and Clerk of the
Council to execute an agreement with Eric Gruver, Ph.D. for a three-
year period, in an amount not to exceed $15,000, subject to non -
substantive changes approved by the City Manager and City Attorney.
25C. AGMT NO. 2014-237 - ANNUAL MAINTENANCE AND SUPPORT OF POLICE
DIGITAL IMAGING SYSTEM (DIMS) {Strategic Plan No. 1, 3A} — Police
Department
CITY COUNCIL MINUTES 12 OCTOBER 21, 2014
MOTION: Authorize the City Manager and Clerk of the Council to execute a
three-year agreement with Linear Systems in an amount not to exceed
$90,000, terminating June 30, 2017, subject to non -substantive changes
approved by the City Manager and City Attorney.
25D. AGMT NO. 2014-238 - MAPPING SERVICES FOR POLICE DEPARTMENT
{Strategic Plan No. 1, 3A} — Police Department
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Environmental Systems Research Institute, Inc. (ESRI)
for a one-year period in an amount not to exceed $7,844, subject to non -
substantive changes approved by the City Manager and City Attorney.
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Environmental Engineering & Contracting Inc., in an
amount not to exceed $300,000, for a one-year period expiring October 31,
2015, subject to non -substantive changes approved by the City Manager
and City Attorney
MOTION: Martinez SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Sarmiento (1)
25F. AGMT NO. 2014-240 - COMPLETION OF THE SAN LORENZO SEWER LIFT
STATION PROJECT PLANS AND CONSTRUCTION SUPPORT SERVICES
{Strategic Plan No. 6, 1, C} — Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Tetra Tech, Inc., for a three-year period expiring
October 6, 2017, in an amount not to exceed $365,000., subject to non -
substantive changes approved by the City Manager and City Attorney
25G. AGMT NO. 2014-241 - SOFTWARE MANAGEMENT OF CITY'S CLAIMS
SYSTEMS {Strategic Plan No. 7, 5 & 61 — Personnel Services Agency
CITY COUNCIL MINUTES 13 OCTOBER 21, 2014
25H
MOTION: Approve and authorize the City Manager and Clerk of the
Council to execute an agreement with Ventiv Technology in an amount not
to exceed $55,000, subject to non -substantive changes approved by the
City Manager and City Attorney. Includes a provision for a one-year
renewal option exercisable by not to exceed $55,000, a total of $110,000
for a two-year period.
AGMT NO. 2014-242 — SPECIAL LEGAL COUNSEL SERVICES — {Strategic
Plan No. 4,1 } — City Attorney's Office
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Colantuono, Highsmith & Whatley, PC. at the specified
rates of $375.00 for Attorneys Michael G. Colantuono and Holly O.
Whatley, $305.00 an hour for Attorney Charlie LaPlante and $245.00 an
hour for Attorney Len Asianian. Paralegal work will be charged at a rate of
$160.00 an hour, subject to non -substantive changes approved by the City
Manager and City Attorney.
MOTION: Authorize the City Manager and Clerk of the Council to execute
the attached agreements with the below -referenced list of environmental
firms to provide environmental services and related technical studies for
the Planning & Building Agency at the fees set forth in their responses to
Request for Qualifications in an aggregate amount not to exceed
$1,500,000 for a period of three years, subject to non -substantive changes
approved by the City Manager and City Attorney.
AGMT NO. 2014-243
AGMT NO. 2014-244
AGMT NO. 2014-245
AGMT NO. 2014-246
AGMT NO. 2014-247
AGMT NO. 2014-248
AGMT NO. 2014-249
AGMT NO. 2014-250
AGMT NO. 2014-251
AGMT NO. 2014-252
AGMT NO. 2014-253
AGMT NO. 2014-254
AGMT NO. 2014-255
AGMT NO. 2014-256
Consultants:
AECOM
Bon Terra Psomas
CAA Planning
DKS Associates
DUDEK
Environmental Intelligence, LLC
ESA
First Carbon Solutions
ICF International
Kimley-Horn & Associates
LSA Associates, Inc.
PCR
PlaceWorks
Phil Martin & Associates, Inc.
CITY COUNCIL MINUTES 14 OCTOBER 21, 2014
AGMT NO. 2014-257
AGMT NO. 2014-258
AGMT NO. 2014-259
AGMT NO. 2014-260
AGMT NO. 2014-261
AGMT NO. 2014-262
AGMT NO. 2014-263
AGMT NO. 2014-264
AGMT NO. 2014-265
MOTION: Martinez
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PMC
RBF Consulting
Rincon Consultants, Inc.
Stantec
T&B Planning
Templeton Planning Group
UltraSystems Environmental, Inc.
URS Corporation Americas
Wieland Acoustics, Inc.
SECOND: Reyna
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
MOTION: Authorize the City Manager and the Clerk of the Council to
execute an agreement with John Kaliski Architects in an amount not to
exceed $40,000 for a period of three years, subject to non -substantive
changes approved by the City Manager and City Attorney.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
25CC. AGMT NO. 2014-267 — CONTRACTED ENVIRONMENTAL SERVICES AND
RELATED TECHNICAL STUDIES FOR THE HARBOR CORRIDOR SPECIFIC
PLAN {STRATEGIC PLAN NOS. 3, 2 & 5, 31 - Planning and Building Agency
CITY COUNCIL MINUTES 15 OCTOBER 21, 2014
25DD.
25EE
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment with PlaceWorks to prepare an Environmental Impact
Report for a period no longer than six months for an additional amount of
$13,240 not to exceed a total contracted amount of $175,374, subject to
non -substantive changes approved by the City Manager and City Attorney.
AGMT NO. 2014-268 — ENERGY AND SUSTAINABILITY CONSULTING
SERVICES {STRATEGIC PLAN NO. 5, 2A) - Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment with Mariann Long and Associates, subject to non -
substantive changes approved by the City Manager and City Attorney, to
increase compensation by an amount not to exceed $26,040, for a total
agreement amount of $381,545; transfer $17,822.50 in unused funds in the
original agreement from Task 2A to Task 283; and extend the term to
December 31, 2015.
AGMT NO. 2014-269 — ON -CALL BUILDING INSPECTIONS SERVICES
{STRATEGIC PLAN NOS. 3, 3 & 3, 51 - Planning and Building Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment with J Lee Engineering, Inc, for a period no longer than
three years and within the previously agreed amount of $500,000
(aggregate), subject to non -substantive changes approved by the City
Manager and City Attorney.
Councilmember Martinez concerned with length of project and proposed six-
month turnaround.
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment with IBI Group, for a period no longer than one year for an
additional amount of $33,000 not to exceed a total contracted amount of
$533,000, subject to non -substantive changes approved by the City
Manager and City Attorney.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
CITY COUNCIL MINUTES 16 OCTOBER 21, 2014
25GG.
ABSTAIN: None (0)
ABSENT: None (0)
AGMT NO. 2014-271 — LANDSCAPE SERVICES IN DISTRICT FOUR
{STRATEGIC PLAN NO. 6, 1131 - Parks, Recreation & Community Services
Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
an amendment with Mariposa Landscape, increasing the compensation by
$179,502, which includes a 10% contingency, to an amount not -to -exceed
$1,155,666, for a period from November 16, 2014 to January 31, 2015,
subject to nonsubstantive changes approved by the City Manager and the
City Attorney.
25HH. AGMT NO. 2014-272 — BRISTOL STREET IMPROVEMENTS PURCHASE
AGREEMENT — 1421 N. BRISTOL ST. (APN 405-252-18), (PROJECT NO.
116740 NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G; & 3, 2C) —
Public Works Agency
MOTION: Authorize the City Manager and Clerk of the Council to execute
a purchase agreement with John R. Christensen and Antonette L.
Christensen, husband and wife, as joint tenants of the property located at
1421 North Bristol Street (APN 405-252-18), in the amount of $425,000, for
the full purchase price for said real property and goodwill (if any), subject
to non -substantive changes approved by the City Manager and City
Attorney.
*Councilmember Sarmiento abstained on Agenda Item 25HH due to
conflict of interest.
2511. AGMT NO. 2014-273 — DESIGN -BUILD SERVICES TO PROVIDE SITE
IMPROVEMENTS FOR A NEW PROPANE FUELING STATION AT THE
SANTA ANA CORPORATE YARD {STRATEGIC PLAN NO. 5,21 — Finance and
Management Services
MOTION: Authorize the City Manager and Clerk of the Council to execute
an agreement with Fleming Environmental, Inc., subject to non -
substantive changes approved by the City Manager and City Attorney, in
an amount of $155,229, plus a 15 percent contingency of $23,284
CITY COUNCIL MINUTES 17 OCTOBER 21, 2014
MOTION: Continue consideration of matter to the November 18, 2014 City
Council Meeting, at the request of the City Manager.
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
MOTION; Authorize the City Manager and Clerk of the Council to execute
a two-year agreement with a one-year optional renewal exercisable by the
City, with Selectron Technologies, Inc., for: 1) system installation with one-
year warranty and two additional years of maintenance in an amount not to
exceed $232,680, and 2) an additional contingency in the amount of
$95,000 to expand implementation, subject to non -substantive changes by
the City Attorney and City Manager.
MOTION: Martinez SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
LAND USE MATTERS
CONDITIONAL USE PERM ITIVARIANCES
31A. CONDITIONAL USE PERMIT NO. 2014-21 TO ALLOW A TYPE 47 ALCOHOL
BEVERAGE CONTROL LICENSE, CONDITIONAL USE PERMIT NO. 2014-22
TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00 A.M., AND
CITY COUNCIL MINUTES 18 OCTOBER 21, 2014
CONDITIONAL USE PERMIT 2014-23 TO ALLOW A BANQUET USE AT EAT
CHOW RESTAURANT LOCATED AT 313 NORTH BUSH STREET - BRIAN
MCREYNOLDS, APPLICANT {Strategic Plan No. 3, 21 - Planning and Building
Agency
Planning Commission approved recommended action on September 8, 2014 by
a vote of 7-0.
MOTION; Receive and file the staff report approving Conditional Use
Permit No. 2014-21, Conditional Use Permit No. 2014-22 conditioned, and
Conditional Use Permit No. 2014-23 as conditioned.
*Councilmember Sarmiento abstained on Agenda Item 31A due to conflict
of interest.
31AA. CONDITIONAL USE PERMIT NO. 2013-43 TO ALLOW A TYPE 47
ALCOHOLIC BEVERAGE CONTROL LICENSE AND CONDITIONAL USE
PERMIT NO. 2013-44 TO ALLOW AFTER-HOURS OPERATION UNTIL 2:00
A.M. AT YOJIE JAPANESE FONDUE RESTAURANT AT 305 NORTH
SPURGEON STREET - LAMSON NGUYEN, APPLICANT {STRATEGIC PLAN
NOS. 3, 2 & 3, 41 - Planning and Building Agency
Planning Commission approved recommended action on September 2, 2014 by
a vote of 6-0. (Alderte absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2014-43 and Conditional Use Permit No. 2014-44 as
conditioned.
*Councilmember Sarmiento abstained on Agenda Item 31AA due to
conflict of interest.
31BB CONDITIONAL USE PERMIT NO. 2014-19 TO ALLOW A TYPE 23
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR NETWORK BREWERY
AT 1824 EAST CARNEGIE AVENUE - BRIAN ANDERSON, APPLICANT
{STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency
Planning Commission approved recommended action on September 22, 2014
by a vote of 6-0. (Alderte absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2014-19 as conditioned.
31CC. CONDITIONAL USE PERMIT NO. 2014-32 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR DOG HAUS
RESTAURANT LOCATED AT 2800 NORTH MAIN STREET, UNIT 197 -
CITY COUNCIL MINUTES 19 OCTOBER 21, 2014
SHOGHIG YEPREMIAN, APPLICANT {STRATEGIC PLAN NO. 3,2} - Planning
and Building Agency
Planning Commission approved recommended action on September 22, 2014
by a vote of 6-0. (Alderte absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2014-32.
31DD. CONDITIONAL USE PERMIT NO. 2014-36 TO ALLOW A TYPE 41
ALCOHOLIC BEVERAGE CONTROL LICENSE FOR PANINI CAFE TO BE
LOCATED AT 2800 NORTH MAIN STREET, UNIT 1180 - GREGG BERWIN,
APPLICANT {STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency
Planning Commission approved recommended action on September 22, 2014
by a vote of 6-0. (Alderte absent).
MOTION: Receive and file the staff report approving Conditional Use
Permit No. 2014-36.
31EE. REGIONAL PLANNED SIGN PROGRAM NO. 2014-02 TO ALLOW A DIGITAL
READER BOARD SIGN FOR THE KIA/TOM'S TRUCKS DEALERSHIP AT 909
NORTH GRAND AVENUE - GEORGE SAELZLER, APPLICANT {STRATEGIC
PLAN NO. 3, 2}
Planning Commission approved recommended action on September 22, 2014
by a vote of 6-0. (Alderte absent).
MOTION: Receive and file the staff report approving Regional Planned
Sign Program No. 2014-02 as conditioned.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR ITEMS
RESOLUTIONS
55A. RESOLUTION - YOUTH SPORTS SCHOLARSHIP AND DEFERRED
MAINTENANCE PROGRAM {Strategic Plan No. 2, 2F} - Parks, Recreation and
Community Services Agency
The following speakers address the City Council on the matter:
CITY COUNCIL MINUTES 20 OCTOBER 21, 2014
• Pedro Magallon, concerned that $50,000 not sufficient for replacement of
synthetic turf; City Council to reconsider amount allocated.
• Rick Neidermeyer, spoke in support of Police Department and also
concerned that funds insufficient.
Executive Director of Parks, Recreation and Community Services Gerardo
Mouet, noted that $50,000 will be used in combination with other funds allocated
for turf replacement. Also, spoke of the City's scholarship program.
Councilmember Martinez, indicated that PREY Committee to review the
guidelines on distribution of funds and not to change the distribution of funds.
Councilmember Reyna, noted that CDBG funds will now allow non-profit
organizations to compete for social funds.
Councilmember Sarmiento, in lieu funds are available in the amount of
$450,000; concerned that PREY Committee was to develop guidelines for
scholarship program and not address maintenance issue.
Councilmember Benavides, supports recommendation that will provide
scholarships and improve facilities.
Councilmember Reyna, stated that maintenance important.
Mayor Pro Tern Tinajero, supports after school programs; meet the needs of
children and improve turf.
Councilmember Amezcua, supports recommendation.
Mayor Pulido, important to develop mechanism to assist youth in our
community.
MOTION; Adopt a resolution.
RESOLUTION NO. 2014-061 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADOPTING THE RECOMMENDATION TO
DEVELOP AND IMPLEMENT A YOUTH SPORTS SCHOLARSHIP PROGRAM
AND ADVANCING DEFERRED MAINTENANCE PROJECTS ON CITY PARKS
MOTION: Benavides SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Reyna, Tinajero (4)
NOES: Martinez, Pulido, Sarmiento (3)
ABSTAIN: None (0)
ABSENT: None (0)
CITY COUNCIL MINUTES 21 OCTOBER 21, 2014
55AA. EXTENSION OF VARIANCE NO. 2012-07 TO ALLOW THE CONSTRUCTION
OF A NEW COMMERCIAL BUILDING AT 2702 NORTH BRISTOL STREET
{STRATEGIC PLAN NO. 3, 2} - Planning and Building Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-062 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA FOR THE EXTENSION OF VARIANCE NO. 2012-
07 FOR ONE YEAR FOR THE PROPERTY LOCATED AT 2702 NORTH
BRISTOL STREET
MOTION: Benavides SECOND: Martinez
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
55BB. RESOLUTION ESTABLISHING FEES, AND APPROPRIATION ADJUSTMENT
RECOGNIZING JAIL PROGRAM REVENUE {STRATEGIC PLAN NO. 1, 4A} -
Police Department
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2014-063 — A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ESTABLISHING PAY -TO -STAY AND
ADMINISTRATIVE BOOKING FEES
2. Approve an appropriation adjustment. (Requires five affirmative votes)
APPROPRIATION ADJUSTMENT NO. 2015-064 - Recognizing $100,375 in
Jail Pay to Stay program revenue in the General Fund revenue account (nos.
01114002 53411) and appropriate same to expenditure account (no.
01114420 61040).
MOTION: Benavides SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
CITY COUNCIL MINUTES 22 OCTOBER 21, 2014
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna (1)
55CC. ADOPT A RESOLUTION APPROVING THE SEWER SYSTEM MANAGEMENT
PLAN 2014 UPDATE {STRATEGIC PLAN NO. 6, 1, C) - Public Works Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-064 — A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ADOPTING THE SEWER SYSTEM
MANAGEMENT PLAN AND DESIGNATING THE LEGALLY RESPONSIBLE
OFFICIAL FOR REPORTING SANITARY SEWER SYSTEM OVERFLOWS
MOTION: Amezcua SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna (1)
55DD. ABANDONMENT NO. 14-01-S TO SUMMARILY VACATE CUSTER STREET
RIGHT-OF-WAY NORTH OF WASHINGTON AVENUE {STRATEGIC PLAN
NO. 3, 2) - Public Works Age
MOTION:
1. Adopt a resolution.
RESOLUTION NO. 2014-065 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA TO SUMMARILY VACATE A PORTION OF
CUSTER STREET RIGHT-OF-WAY NORTH OF WASHINGTON AVENUE
(ABANDONMENT NO. 2014-01-S)
2. AGMT NO. 2014-275 - Direct the City Attorney to prepare and authorize
the City Manager and Clerk of the Council to execute an agreement for
the sale of the City's fee interest in the excess right -of -way to Naser
Kianfard and Marjan Hariri, Trustees of the 2005 Naser Kianfard and
Marjan Harid Revocable Trust dated January 20, 2005, for $2,500.00.
CITY COUNCIL MINUTES 23 OCTOBER 21, 2014
MOTION: Tinajero SECOND: Sarmiento
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna (1)
55EE. RESOLUTION SUPPORTING CALIFORNIA PROPOSITION 1, THE WATER
QUALITY, SUPPLY AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014
{STRATEGIC PLAN NO. 5, 2; AND 5, 6} - Public Works Age
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-066 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA SUPPORTING PROPOSITION 1 THE WATER
QUALITY, SUPPLY AND INFRASTRUCTURE IMPROVEMENT ACT OF 2014
MOTION: Tinajero SECOND: Benavides
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Sarmiento,
Tinajero (6)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: Reyna (1)
55FF. DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT — INTENT
TO LEVY ASSESSMENT FOR 2015 {STRATEGIC PLAN NO. 3, 4F} -
Community Development Agency
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-067 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA DECLARING ITS INTENTION TO LEVY AN
ASSESSMENT FOR THE DOWNTOWN SANTA ANA BUSINESS
IMPROVEMENT AREA FOR THE YEAR 2015
MOTION: Benavides SECOND: Tinajero
CITY COUNCIL MINUTES 24 OCTOBER 21, 2014
VOTE: AYES: Amezcua, Benavides, Reyna, Tinajero (4)
NOES: None (0)
ABSTAIN: Martinez, Pulido, Sarmiento (3)
ABSENT: None (0)
55GG. RESOLUTION MAKING FINDINGS RELATED TO APPROVAL OF THE
SECOND AMENDMENT TO ORANGE COUNTY FIRE AUTHORITY (OCFA)
JOINT POWERS AUTHORITY AGREEMENT {STRATEGIC PLAN NO. 6, 1 B} —
City Manager's Office
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-068 - A RESOLUTION OF THE SANTA ANA CITY
COUNCIL MAKING FINDINGS RELATED TO THE CITY'S PRIOR APPROVAL
OF THE SECOND AMENDMENT TO THE AMENDED ORANGE COUNTY
FIRE AUTHORITY'S JOINT POWERS AUTHORITY AGREEMENT
MOTION: Reyna
VOTE: AYES:
NOES:
ABSTAIN:
ABSENT:
PUBLIC HEARINGS
SECOND: Amezcua
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
None (0)
None (0)
75A. CONTINUED PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO.
2014-01, GENERAL PLAN AMENDMENT NO. 2014-02, ZONING ORDINANCE
AMENDMENT NO. 2014-01 AND AMENDMENT APPLICATION NO. 2014-02
FOR THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN
{Strategic Plan No. 3, 2; 5, 3 and 4) - Planning and Building Agency
Planning Commission approved recommended action on August 25, 2014 by a
vote of 7-0
Legal Notice published in the Orange County Reporter on September 5, 2014;
the Nguoi Viet on September 10, 2014; and the La Opinion on September 11,
2014. Notices were mailed out September 5, 2014.
CITY COUNCIL MINUTES 25 OCTOBER 21, 2014
Interim Executive Director of Planning and Building, Karen Haluza presented
staff report.
Council Direction:
• On September 16, 2014 the City Council directed staff to revise the plan to
achieve the following objectives:
• Ensure more intense development in Transit Node districts — especially at
Harbor and Westminster.
• Ensure that the preponderance of development in Transit Nodes be more
commercial than residential.
• Address street section designs to provide a full range of multi -modal
options.
Recommended Revisions Development Standards
• Raise minimum number of building stories from three to four and increase
the maximum allowed stories from six to 10 in North Transit Node.
• Remove three-story building types, such as townhouses, as permitted types,
and prohibit stand-alone residential development in the North Transit Node.
• Remove frontage types, such as stoops and porches, as permitted types to
ensure a commercial character at the ground level.
• Require that all ground floor uses be non-residential. Where residential is
proposed, it must be part of a mixed -use project.
Development Standards
• Building Type & Form Not Permitted in
• North Transit Node
• Rowhouse
• Tuck -Under
• Live/Work (3 Story)
• Frontage Types Removed
• Frontyard/Porch
• Stoop
• Frontage Types Allowed
• Forecourt
• Shop Front
• Gallery
• Arcade
Proposed New Development
1206 N. Harbor — C&C Development
• 7.6 acres
• 110 units — combination of 3-story small lot detached and mixed -use.
520 S. Harbor — C&C Development
• acres
35 units — 3-story small lot detached.
1010 S. Harbor — City Ventures
CITY COUNCIL MINUTES 26 OCTOBER 21, 2014
• 3.9 acres
• 73 units — combination of 3-story small lot detached and mixed -use.
Discussion of Housing Development Cap
• Maximum development potential is 1,726 — 4,623 housing units and
1,968,000 non-residential square feet.
• Housing Element requires that enough land be zoned to provide for
residential development to meet Residential Housing Needs Allocation
(RHNA) — 405 units.
• Parcels identified in the Corridor district (see Figure 7-2) can satisfy this
requirement.
• North Transit Node could be capped for residential development without
affecting the City's RHNA obligation.
• North Transit Node has the potential to expand its commercial market share
by up to 1 '/2 miles.
• Capping residential development in the North Transit Node would emphasize
the desire for commercial development, but would also limit the creation of
households to support new retail development, and limit flexibility.
• Housing development in the Corridor and remaining two Transit Nodes
would need to be preserved in order to better focus commercial development
at North Transit Node.
• If capped, staff would recommend a cap of no less than 500 units in the
North Transit Node.
City Council opened and closed the Hearing on September 16, 2104 and
continued deliberation of matter by a 7-0 vote
The following speakers addressed the City Council on the matter:
• Steve McGuigan, president of the Riverview Neighborhood Association,
spoke in support of bicycle lanes, concerned with shared lanes as proposed
and 10-floor buildings.
• Lynette Guzman, read story of Maribel of Kidworks on Harbor Blvd. Corridor,
advocate for safe, protective bike lanes.
• Peter Katz, spoke in support of developing Harbor Blvd. and maximize area
that is not suitable for housing.
• Gilad Salmon, concerned with buffer bike lanes inadequate in protecting
bikers; also, concerned that site selection of homeless shelter excluded
community input.
• David Villanueva, concerned with security check at tonight's Council
meeting; noted that businesses along Harbor Blvd. not in support of
proposed Plan.
• Marina Ramirez, representative of the Active Streets Coalition, supports
open dialogue and amended plan.
Mayor Pulido, proposed friendly amendment to motion to limit 2,000 apartments
and require City Council approval to exceed amount; also, height limitation.
CITY COUNCIL MINUTES 27 OCTOBER 21, 2014
Councilmember Martinez, thanked staff for engaging community on Active
Transportation issues and place making; highlight the changes recommended.
Interim Executive Director Haluza noted that development in the nodes be more
commercial rather than residential and multi modal transportation available.
COUNCIL RECESSED AT 9:15 P.M. AND RECONVENED AT 9:31 P.M. WITH SAME
MEMBERS PRESENT
PUBLIC COMMENTS - (TAKEN OUT OF ORDER)
• Isaac Michaca, spoke on rules of decorum and cancellation of last City Council meeting;
concerned with proposal to move the public comments to the end of the meeting.
• Alitzel Velasco, concerned with wanding at Council Meeting; opposed to moving public
comments at the end of the meeting; supports freedom of expression and First
Amendment Rights.
• Araceli Robles, concurred with previous speakers; opposed to criminalization of youth.
City Council continued deliberation on Agenda Item 75A.
Interim Executive Director Haluza concluded her presentation
Mayor Pulido, asked if 2,000 units cap, would be sufficient to meet the State
Housing Element.
Councilmember Martinez asked for clarification on on -street parking and bike
lanes.
Interim Director Haluza integrated future design recommendations from Active
Transportation Coordinator and reviewed different options.
Councilmember Sarmiento, apologized to applicants for delaying approval of
Plan; supports friendly amendment to motion to cap at 6 stories although at
certain nodes perhaps 10 stories may be reasonable, but need to be flexible;
layered residential on top of already allowed commercial — layered approach
sustainable.
Councilmember Benavides, stated that economic development to draw
investments and look at steps needed to proactively seek investment.
MOTION:
1) Adopt resolutions with amendments as proposed.
A) RESOLUTION NO. 2014-069 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA CERTIFYING FINAL
CITY COUNCIL MINUTES 28 OCTOBER 21, 2014
ENVIRONMENTAL IMPACT REPORT NO. 2014-01, AND APPROVING
MITIGATION MONITORING AND REPORTING PROGRAM, CEQA
FINDINGS OF FACT, AND STATEMENT OF OVERRIDING
CONSIDERATIONS PREPARED FOR THE PROPOSED HARBOR
MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (SP-2)
B) RESOLUTION NO. 2014-070 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING THE LAND USE ELEMENT
AND URBAN DESIGN ELEMENT OF THE GENERAL PLAN OF THE
CITY OF SANTA ANA TO CHANGE THE LAND USE DESIGNATIONS
IN THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN
(SP-2) TO DISTRICT CENTER (DC) OR URBAN NEIGHBORHOOD
(UN) (GPA NO. 2014-02)
2) Place ordinances on first reading and authorize publication of titles.
A) ORDINANCE NO. NS-2871 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA AMENDING SPECIFIC PLAN NO. 2 OF
THE SANTA ANA MUNICIPAL CODE (SP-2) AND ADOPTING THE
HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN (ZOA
2014-01)
B) ORDINANCE NO. NS-2872 - AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA ADDING CERTAIN PROPERTIES TO
THE HARBOR MIXED USE TRANSIT CORRIDOR SPECIFIC PLAN
(SP-2) BOUNDARIES; AND, REMOVING CERTAIN PROPERTIES
FROM THE SP-2 ZONING DESIGNATION AND CHANGING THE
ZONING FOR THOSE REMOVED PROPERTIES (AA NO. 2014-01)
MOTION: Reyna SECOND: Amezcua
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75AA. PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF
REAL PROPERTY AT 1319 NORTH BRISTOL STREET (PROJECT NO.
116740 NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G & 3, 2C} —
Public Works Agency
Notice of Hearing letter regarding acquisition of real property by eminent domain
mailed to property owners on October 1, 2014.
CITY COUNCIL MINUTES 29 OCTOBER 21, 2014
Mayor Pulido, opened the Public Hearing. There were no speakers and he
closed the Hearing.
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-071 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA
ANA LOCATED AT 1319 N. BRISTOL STREET (APN 405-272-14)
MOTION: Tinajero SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero (6)
NOES: None (0)
ABSTAIN: Sarmiento (1)
ABSENT: None (0)
75BB. PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF
REAL PROPERTY AT 1321 NORTH BRISTOL STREET (PROJECT NO.
116740 NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G & 3, 2C) —
Public Works Agency
Notice of Hearing letter regarding acquisition of real property by eminent domain
mailed to property owners on October 1, 2014.
Mayor Pulido, opened the Public Hearing. There were no speakers and he
closed the Hearing.
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-072 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA
ANA LOCATED AT 1321 N. BRISTOL STREET (APN 405-272-15)
MOTION: Tinajero SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero (6)
CITY COUNCIL MINUTES 30 OCTOBER 21, 2014
NOES: None (0)
ABSTAIN: Sarmiento (1)
ABSENT: None (0)
75CC. PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF
REAL PROPERTY AT 1429 NORTH BRISTOL STREET (PROJECT NO.
116740 NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G & 3, 2C} —
Public Works Agency
Notice of Hearing letter regarding acquisition of real property by eminent domain
mailed to property owners on October 1, 2014.
Mayor Pulido, opened the Public Hearing. There were no speakers and he
closed the Hearing.
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-073 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA
ANA LOCATED AT 1429 N. BRISTOL STREET (APN 405-252-19)
MOTION: Tinajero SECOND: Reyna
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero (6)
NOES: None (0)
ABSTAIN: Sarmiento (1)
ABSENT: None (0)
75DD. PUBLIC HEARING — RESOLUTION AUTHORIZING CONDEMNATION OF
REAL PROPERTY AT 1601 NORTH BRISTOL STREET (PROJECT NO.
116740 NON -GENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G & 3, 2C}
Notice of Hearing letter regarding acquisition of real property by eminent domain
mailed to property owners on October 1, 2014.
Mayor Pulido, opened the Public Hearing. There were no speakers and he
closed the Hearing.
CITY COUNCIL MINUTES 31 OCTOBER 21, 2014
MOTION: Adopt a resolution.
RESOLUTION NO. 2014-074- A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA
ANA LOCATED AT 1601 N. BRISTOL STREET (APN 405-252-21)
MOTION: Benavides SECOND: Tinajero
VOTE: AYES: Amezcua, Benavides, Martinez, Pulido, Reyna,
Tinajero (6)
NOES: None (0)
ABSTAIN: Sarmiento (1)
ABSENT: None (0)
COUNCIL AGENDA ITEMS
Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items
on the City Council Agenda to be considered by the City Council.
85A. APPROVE RESOLUTION IN SUPPORT OF EXERCISING PROSECUTORIAL
DISCRETION TO INDIVIDUALS WITH NO SERIOUS CRIMINAL HISTORY —
(Councilmembers Benavides, Amezcua and Reyna)
■ Samuel Sixtos, opined that Orange County Sherriff's Department violated his
rights turned over to ICE; thanked Councilmember Benavides for support;
opined that Sherriff violated the Trust Act; supports continuing item.
■ Carlos Perea, spoke on behalf of Alexis Teodoro, expressed support for
proposed resolution.
Councilmember Benavides, indicated that City Council will be considering
resolution in the future; larger overarching issue that the State is addressing;
direct City Attorney to look at broader resolution,
MOTION: Continue consideration of matter to the future.
MOTION: Benavides
VOTE: AYES:
NOES:
SECOND: Amezcua
Amezcua, Benavides, Martinez, Pulido, Reyna,
Sarmiento, Tinajero (7)
None (0)
CITY COUNCIL MINUTES 32 OCTOBER 21, 2014
ABSTAIN: None (0)
ABSENT: None (0)
RECESSED THE CITY COUNCIL MEETING AT 9:58 P.M. AND CONVENE THE HOUSING
AUTHORITY AND SUCCESSOR AGENCY MEETINGS; THE CITY COUNCIL MEETING
RECONVENED AT 10:00 P.M. WITH SAME MEMBERS PRESENT
PUBLIC COMMENTS (Non-Agendized Matters)
• Carl Benninger, spoke in support of the Police Department.
• Steve McGuigan, congratulated Gloria Perez, Police Service Officer for the Police
Department on her retirement; spoke on need to address decorum rules.
• Connie Hamilton, necessary to have order at Council Meetings; thanked the police
department for protecting the City.
• Dylan Thompson, opined that police support is somewhere in the middle and read
statement from former Police Chief on challenges in dealing with community groups.
• Madeleine Spencer, concerned with Measure AA as proposed by the City.
• Peter Katz, thanked Mayor Pulido for attending Great Park event signing ceremony for
Veteran Cemetery with Governor Brown.
• Hermelindo Saldana, opposed to proposed rules of decorum; public meetings to
remain open to all; civic participation and accountability important.
• Apolonio Cortez, opposed to Agenda Item 50A as proposed in October 7, 2014 City
Council agenda packet.
• Ilya Tseglin, important to have social services and police protection.
• Magdalena Saldana, thanked Councilmember Benavides for supporting Samuel Sixto.
• Miriam Lopez, decorum needed; protect First Amendment rights; opposed to having
public comments at the end of the Council Meetings — encourage civic participation.
• Alondra Campos, member of SACReD, opposed to proposed rules of decorum; civic
participation should be encouraged; also ADA accommodations required in the Council
Chamber.
• Joese Hernandez, disappointed that last City Council meeting cancelled; freedom of
speech essential.
• Thomas Anthony Gordon, spoke in favor of the Police Department; opined that respect
earned and not given; decorum is a process; people's business considered by the City
Council.
f Debbie McEwen, expressed support for the Police Department; encouraged the City
Council to move forward and approve the resolution and ordinance on decorum as
proposed in the October 7, 2014 City Council agenda packet.
• Robin Cook, reported that rules of decorum included in the back of the Speaker Cards.
CITY COUNCIL MINUTES 33 OCTOBER 21, 2014
90A. CITY MANAGER'S COMMENTS
Thanked the Police Department and staff for orderly conduct of meeting; and
Announced that City hosting Budget Outreach meeting on October 29"' at 6
p.m. in the Council Chamber; invited all members of the community.
90B. CITY COUNCILMEMBER COMMENTS
Councilmember Amezcua:
■ Expressed need for rules of decorum.
Councilmember Reyna:
• Emphasized need to conserve water;
■ Informed that Willard Intermediate School has synthetic turf; City need to
protect against elements;
■ Notified that Founders Day will be celebrated on October 25th;
■ Announced that City have flag raising event on Ross and Civic Center Plaza
on a monthly basis;
■ Request that Vector Control representative communicate with the City
Council on all future announcements;
■ Encourage all to vote on November 4, 2014; and
■ Encouraged all to shop in Santa Ana.
Councilmember Benavides:
■ Asked all to exercise right to vote on Election Day.
Councilmember Martinez:
■ Thanked Parks, Recreation and Community Services Agency for successful
SOMOS event;
■ City committed to reduce bicycle and pedestrian fatality;
■ Wished all a happy and safe Halloween;
■ Asked all to vote;
■ Freedom of speech encouraged in an orderly manner; and
■ Supports public comments at the beginning of the meeting.
Councilmember Sarmiento:
■ City hosting a Water Forum on October 30t" at 6:00 p.m. in the Council
Chamber — encouraged all to attend;
• Commented on need to designated area for people with disabilities in the
Council Chamber; and
■ Thanked staff for orderly conduct of meeting — safety of paramount concern;
provided copy of US Constitution to elected officials.
Mayor Pro Tern Tinajero:
■ Kudos to staff on professionalism and managing of tonight's meeting;
CITY COUNCIL MINUTES 34 OCTOBER 21, 2014
■ Reflected on safety precautions because knife found at the previous City
Council meeting; noted that all speakers have right to speak and address the
City Council; need to respect all.
Mayor Pulido:
■ Important for community to work with Police Department;
■ Encouraged all to attend the Day of the Dead event on Saturday, November
1st in Downtown Santa Ana.
■ Urged all to vote on November 4th — fundamental right of citizens.
Councilmember Martinez left the meeting at 11:16 pm. and did not return.
ADJOURNED- 11:19 P.M. - The next meeting of the City Council is scheduled for
Tuesday, November 18, 2014 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business Meeting at
5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana,
California.
Adjourn in Memory of
Vic Braden
ana D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Solar Permit Fee Waiver
• Proactive Rental Enforcement Program Renewal
CITY COUNCIL MINUTES 35 OCTOBER 21, 2014